Appellate Division of the Supreme Court of the State of New York August 23, 2001 (People v. Berry)

Peters, J.

Appeal from a judgment of the County Court of Schenectady County (Eidens, J.), rendered June 2, 2000, convicting defendant upon his plea of guilty of the crime of sexual abuse in the first degree.

In November 1999, an indictment was returned against defendant charging him with numerous crimes including rape in *549the first degree.